There is a long-standing academic debate regarding: independent contractor or employee? A newer debate is stirring: Franchisee or employee? And, while by their definition they seem distinct, state and federal agencies, as well courts around the United States, are weighing in on the issue to the detriment and confusion of franchisors and franchisees throughout the country.

On April 17, 2012, the U.S. Court of Appeals for the District of Columbia issued an injunction preventing the National Labor Relations Board ("NLRB") from enforcing its employee notice posting rule, which had been scheduled to become enforceable on April 30, 2012